Hamann v. Milwaukee Bridge Co.
Wisconsin Supreme Court
'Appeal from a judgment of tbe superior court of Milwaukee county: J. 0. Ludwig, Judge. Action to recover for a personal injury.
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'Appeal from a judgment of tbe superior court of Milwaukee county: J. 0. Ludwig, Judge. Action to recover for a personal injury. Plaintiff's claim was this: October 7, 1903, tbe intestate, a common laborer, and to defendant so known, was in tbe latter’s employ witb other sucb laborers under tbe direction of Meyers, a foreman,' jierforming the service of removing from a railway freight car to tbe floor of plaintiff’s factory a punch machine weighing some 13,000 pounds, and placing tbe same on tbe floor of sucb factory. Tbe machine was wholly of iron, seven feet long and six feet high. Portions…
1Opinion of the Court
MaRShalx,, J.
Meyers was a fellow-servant of deceased.'
That seems plain. He was a mere foreman engaged with a •crew of assistants, supplied with suitable material and appliances, in performing a mere detail of appellant’s business. It is not claimed, as we understand it, that he was guilty .of any fault other than in failing to choose a proper plan for accomplishing the removal of the machine from the car, and •omitting to exercise due care to acquaint his assistants of the dangers of the operation, in the way it was done. Those were mere incidents of the work, the same as constructing the…
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